Goldberg's Forgotten Footnote: Is There a Due Process Right to a Hearing Prior to the Termination of Welfare Benefits When the Only Issue Raised Is a Question of Law?

Authors

Laura J. Cooper, University of Minnesota Law SchoolFollow

Publication

Minnesota Law Review

Volume

64

Page

1107

Year

1980

Abstract

The federal government, in two different contexts, is currently reexamining the specific procedural protections that should be afforded welfare recipients who seek to challenge decisions of welfare agencies about their benefits. The Carter Administration and Congress are reviewing welfare hearing procedures as part of their interest in a fundamental reform of welfare programs.' Simultaneously, the Department of Health and Human Services (formerly HEW)2 is considering revision of its regulations governing welfare hearings.3 Both reform efforts propose that welfare benefits be discontinued before a hearing decision is rendered for recipients who challenge the termination of their benefits on the ground that the action is inconsistent with law.4

Recommended Citation

Laura J. Cooper, Goldberg's Forgotten Footnote: Is There a Due Process Right to a Hearing Prior to the Termination of Welfare Benefits When the Only Issue Raised Is a Question of Law?, 64 Minn. L. Rev. 1107 (1980), available at https://scholarship.law.umn.edu/faculty_articles/306.